Was the offender guilty of ongoing supply of a prohibited drug? Which case won?
The police established a strike force to investigate the illegal supply of drugs in northeastern NSW.
As part of the investigation, an audio surveillance device was installed in the home of a suspect.
The offender and the suspect had been friends for 15 years.
The offender was recorded visiting the suspect’s home on a number of occasions while the surveillance device was operational.
The surveillance device captured the offender and suspect discussing drugs and exchanging packages and cash.
Several months later, the offender was arrested on the basis of the recordings.
The prosecution said that the offender had committed the offence of supplying prohibited drugs on an ongoing basis under section 25(1A) of the NSW Drug Misuse and Trafficking Act 1985 (“the Act”). This offence carries a penalty of up to 18 years’ imprisonment with 2,400 penalty units and no standard non-parole period.
The offender argued for a lesser charge of supplying prohibited drugs under section 25(1) of the Act. This offence carries a penalty of up to 15 years’ imprisonment, with 2,000 penalty units and no standard non-parole period.